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neetsiepie

Early medical retirement

10 years ago

Any experience with having to take an early retirement due to medical reasons? I was planning to retire in about 4-5 years, but my health has taken a turn for the worse and I'm looking in to a medical retirement.

One of my health issues is considered to be a qualifying condition under the SSD guidelines of compassionate care (it's not a fatal disease, but it does have side effects that will limit my ability to work for a living). I've also recently been diagnosed with fibromyalgia, which is another factor in my early retirement. My job cannot satisfactorily accommodate me under the ADA, so this is going to be my only choice.

So does anyone have any advice on claiming SSD and any idea what, if any medical care assistance could be available? Between my retirement pension (payable under this retirement) and SSD I can expect 60-75% of my salary-enough to live on, but if we have to pay out a lot of $ for medical insurance, it's going to be very, very tight.

Should I see an attorney? Our HR person mentioned that I will probably have to either go to very part time, and then only if I can still serve the mission of the Department, or retire and I'm quite freaked out-I've been working for nearly 40 years! At the same time, I'm somewhat excited that I'll be able to have the freedom from the 9-5, and hope to stay as active as I can as long as I can. But I still feel that at 54, I'm too young to retire.

I'd appreciate any advice since this is uncharted territory for me!

Comments (30)

  • PRO
    10 years ago

    This happened to 2 of my colleagues, both long term employees. Looking back, I can say both absolutely should have seen an attorney. They were expecting employer to treat them well - or at least fairly.

  • 10 years ago
    last modified: 10 years ago

    SSD brings with it Medicare coverage, at least it did for DH.

    Edited : DH's determination went back several years, so he did complete the 24 months Lynndale mentioned below.

  • 10 years ago

    I have assists many patients with SSDI applications , but have never heard of Social Security recognizing a "compassionate disease" as a qualifying diagnosis. Getting SSDI is not an easy process as there are many hoops one must jump through. As far as medical care assistance..... If you are referring to getting Medicare coverage, one must have been receiving SSDI benefits for more than 2 years before that is effective. Perhaps one of the Agfordabel Health Care Plans would be an option?

  • 10 years ago

    Sorry for the misspellings. Typing on an IPad.





  • 10 years ago

    Will you stay insured through your current employer? If so, HR should be able to tell you how much it will cost you monthly or it should be spelled out in the company's retirement benefits documents. It might not be a bad idea to consult an attorney and perhaps even a financial planner. My brother's financial planner referred him to a colleague who specializes in SS.

    When to retire is such an individual decision and only you can decide what is best for you. I retired last year at 62. I wasn't happy in my job and a coworker and a good friend had both died the year before, which put things in perspective for me. As it turned out, right after I retired I had about 7 months of health issues including knee surgery and was so glad I wasn't working and didn't have to worry about the work getting done, dragging myself in when I wasnt to up to it, taking sick leave, etc.

  • 10 years ago

    I learned the SS does have this Compassionate Allowance list and my condition is on that list. It allows SS to make a determination in a matter of weeks since it's based on conditions that are easy to be quantified as disabling. I didn't realize that I could get medicare at my age, however! That's great to know. My health insurance can be covered with COBRA, but the premiums are super high...so that is my worry. I suppose I could look under the ACA for med coverage.

    I really wish I didn't have to leave a job I love, but after talking with my husband and my BFF, I realize that, like Joanie, with my health issues, I'm so much more stressed out about work and it makes my conditions even worse. And, because the type of work I do requires meeting statutory deadlines and making very complicated decisions, I need to focus very clearly-something that is difficult when I've got pain or need to take time off work. I've been diagnosed with moderate major depression, too, as a result of the stress of dealing with these health issues, so I suspect my quality of life may improve if I don't have the stressors from my job on top of everything else.

    I'm going to contact an attorney-this is just waaaay too big of a decision to make without professional assistance. Thank you all for your input!

  • 10 years ago

    Has a doctor determined that you were totally disabled, unable to perform your usual duties? Disabled from any other occupation? Are you able to perform part time work? Can you work in your occupation at a different employer? Are you totally disabled from any occupation for which you are reasonably suited by education, training and/or experience? Does your employer have a short or long term disability plan? Your employer cannot satisfactorily accommodate you under the ADA? Define satisfactorily-and to whom? These are questions which need to be answered at your relatively young age of 54.

    Almost everyone gets excited at the thought of escaping the 9-5. Mostly, disability and retirement are two different things altho there are plans which have a category with both words.

    I have never heard the word "compassionate' used in any disability plan or program but then I have been retired for some time. Neither insurers nor government are known to provide compassionate benefits. Compassion is subjective.

    There are attorneys who specialize in Social Security law and often provide a free initial consultation. Usually they charge 25% of the first lump sum benefit payment, but you should ask these questions before you see them, when you call for an appointment. Good luck.

    No matter how tempting do not burn your bridges. Don't quit or effectively quit until you know where you stand.

  • 10 years ago

    I've been told SSD is very hard to get, and people are often turned down the first time they apply. I think you have to prove you're unable to perform any work in the national economy and not just your old job.

  • 10 years ago

    I got the information on the compassionate SSD findings right from the SSA themselves. My disability affects mobility-and is not curable. I'm not going to be wheelchair bound, but my condition requires me to obtain regular, lengthy treatments-so working a professional job isn't one I can do. I work for the State, so they're well versed in ADA, and I had a long discussion with our HR about my being able to accomplish the mission of our agency. It's a specialized job that does entail field work in all types of weather and terrain-I can manage it to a point, but to do it 5 days a week, I just cannot.

    SSA has qualified my condition as one that is so severe that the condition obviously meets the definition of disability. without question, because it is incurable and can lead to total disability if left untreated. Add to that the fibormyalgia and i's devastating effects-I cannot maintain a normal professional job, and I can't manage a physically demanding job where I'd be required to be on my feet for hours at a time.

    I'm certainly not heading in to this blindly. I've given it a lot of thought and it is a very hard decision to make. I'd give up 10 years of my life to not have this disability. I'm not planning on quitting my job until I have a defnitive outcome on my financial future, but it's pretty obvious that my employer is planning to push me out. HR already asked if I would consider taking a leave of absence and early retirement.

  • 10 years ago

    I'm so sorry you are forced into this decision. My DH was lucky. We did not use an attorney, and his decision was made within 3 months--incredibly fast. What helped were several things: his age (64); his well-documented medical history; and the type of work he did. I also retired from a government position with a pension. I, however, never paid into SS. I'm assuming your position did. Make sure to check into the Windfall Provision. It caught my BIL offguard when he received so much less in SS than he thought he would because of his government pension. Seeing an attorney is a good idea. They are capped at something like $6000 in fees.

  • 10 years ago
    last modified: 10 years ago

    With a compassionate allowances condition, you probably do not need an attorney as long as you can figure out how to do the paperwork yourself and submit the necessary medical proof. It is true that more than 50 percent of applications are initially denied and lawyers need to get involved, but this is generally w/ conditions not on the compassionate allowances list. I would submit your application first and see what happens before you pay a lawyer. When my mother was diagnosed w/ stage 4 breast cancer, her claim was approved quickly w/o a need for legal assistance.

    I would not necessarily continue to work though- you want to make sure you are not considered engaged in making substantial gainful income (SGA) or your application will be denied. I believe in 2015, if you earn more than $1820/month, you are considered engaged in SGA and cannot qualify for SSDI. (https://www.socialsecurity.gov/oact/cola/sga.html)

    You cannot qualify for Medicare w/ SSDI until 24 months have passed.

    ETA: The $1820/month applies only if you are blind. Otherwise, the limit for those not legally blind is $1090 for 2015 and $1130 for 2016.

  • 10 years ago

    My good friend went through this last year. She had a kidney transplant many years ago. She is 53 or 54 and although she seems (and feels) healthy, her bloodwork indicated a slight drop in kidney function. Her doctor is the one who suggested disability. She has had the kidney transplant for quite some time and is at the point/age where she needs to eliminate some stress and take care of herself and kidney as much as possible. Her job was pretty much wearing her down. She did go through an attorney, they were lucky and found someone quite reasonable in price, and she rec'd disability on the first application. As Beagles mentioned, my friend's lawyer recommended that she go ahead and quit work, even before applying for disability. Her husband still works (he is same age) and therefore they are on his medical insurance. I didn't realize about the medicare with SSDI either. Good to know!

  • 10 years ago

    The problem with going ahead and leaving employment now is that Neetsie is only 54 and not eligible for EARLY retirement; therefore she would not have an income while waiting to be approved. Neetsie, can you afford to do that? Do you have sick time built up to continue to receive wages? Do you have a self-payed short or long term disability plan that would kick in? IF approved for disability, they will back up to the date that you DECLARED the disability, but you are taking a chance that you will be approved. It sounds like you could be approved, but SS can drag these claims out for months and even years. Wishing you the best.

  • 10 years ago

    With compassionate allowance conditions, they usually approve you within weeks. That's the whole point of compassionate allowance conditions. From the SSA's website (http://www.ssa.gov/compassionateallowances/cal_faqs.htm#&a0=7):

    Individuals with CAL conditions may receive a decision on their claim in a matter of weeks instead of months or years.

    Stopping work is very important though, because a key criteria for qualifying for SSA benefits is not having substantial gainful income. If you make above the allowable limit, you are not going to be eligible for benefits.




  • 10 years ago

    My brother in law has a debilitating mental illness and is on SS disability. My in laws hired an attorney to navigate the complicated paperwork, and they said that was a very good decision. I would probably do the same in your case. Wishing you the best!

  • 10 years ago

    She may be eligible to retire with years of service and receive a pension now.

  • 10 years ago

    Another thing - you may be eligible for health insurance cheaper than your state insurance through Cobra if your income (state pension/retirement) is low enough to help financially while waiting for approval of SS. As controversial as the Obamacare is, many have found that it can be purchased very reasonable based on your income.

    Dee is right - if your can get approved quicker by using an attorney, you should go ahead and retire. I had never looked at the Compassionate Allowance conditions on the SS site before. Are you applying based on your Lymphedema? Fibromyalgia is now being considered a disabling condition, but it is difficult to get approved on that alone.

  • 10 years ago

    You may or may not qualify for free legal assistance through your local legal aid society. Long long ago I volunteered at one and successfully helped a client appeal his denial for social security disability. Each legal aid society sets it's own rules about what kind of cases they accept and what their income limits are. My supervisor at the legal aid I volunteered with was extremely knowledgable about social security's rules so the quality of the legal advice may well be excellent.

  • 10 years ago

    I don't have experience with this specific issue, but I also work for state government. I very strongly encourage you to get an attorney to navigate through these complicated issues. State HR departments are not focused on your best interests-- they are obligated to minimize costs to the state, and that is what they will work toward.

    There are attorneys who specialize in working with employment/disability issues, and I think it would be worth every penny. Even if you are able to get your pension starting now without having to purchase any years, and you are able to qualify for SSD, you will still have 10+ years before you are eligible for Medicare and SS.

    I believe that under the ADA, if you can no longer be accomodated within the agency you work for, you get hiring preference for positions with other state agencies. I don't know if you would be able to work if the job requirements were different, but that is another avenue to consider.

  • 10 years ago
    last modified: 10 years ago

    SSD will allow you to collect through benefits through retirement, when you switch to receiving SSA retirement income. (With continuing disability reviews every 2 years to make sure you still qualify). You will become eligible for Medicare 24 months after your assigned disability onset date. That's the date at which you became disabled under the SSA's definition (and I believe, the date you were both disabled and not engaged in SGA).

    With a compassionate allowances condition, I really don't think you will need a lawyer. You just submit your application online and should hear back w/in a few weeks. If you need to appeal, you would want to get a lawyer then- but to fill out the initial paperwork is not particularly difficult. The whole reason they have this CAL list is to make it easier for people to get approved for benefits fast when they obviously qualify.

  • PRO
    10 years ago

    Eligibility for Medicare can be less than 24 months after assigned disability onset date in certain cases. This can be determined by the SSA on a case by case basis. I know of a recipient who received SS disability benefits at age 54, and due to her condition, became eligible for Medicare within 6 months from the date of the onset of those benefits.

  • 10 years ago

    First I want to say that I'm sorry you are going through this. I hope you can maintain your health for a long time to come. I want to thank you for posting this topic. I had no idea about the compassionate allowance. My husband applied for his disability 10 months after being diagnosed with liver cancer. He had continued working for the state highway department up until then. He applied over the phone and was approved not too long after. But he had to wait 6 months and died one month before his first check was to come in. He was 55. Had we known about the CAL things might have gone differently. I looked at the list and liver cancer is on there but it looks like it was put on there in October 2008 and he applied in November 2008. It makes no difference now but by you asking I now have the knowledge for myself or someone else, in the future. Best wishes for you, neetsiepie.

  • 10 years ago

    Peacamp, I will defnitely PM you. And Charliemo-I am so very sorry about your husband. He was entirely too young.

    Today confirmed for me that I need to leave the job. I had a panic attack as I was leaving the office today. My chest was so tight, I couldn't breathe, I was shaking-I stopped at the clinic to pick up a prescription and the urgent care was open so I went and checked in. My BP was almost 200/105 and they ordered an EKG which showed abnormal with a cardiac event! Fortunately the doctor who saw me is also a psychologist as well as a certified accupuncturist as well as an MD. She managed to get me calmed down and after a 2nd EKG determined my heart was ok-I'd just had a bad experience. She DID find a heart murmur tho-so that is something new.

    She flat out told me I need to leave my job. The stress will kill me and it's causing the fibro to act up-which is just causing this vicious circle. I did some more research and found that the LE is pretty much covered, so I will follow up with that. I'm hoping my doc approves me for short term disability (which I have paid for the insurance) to give me time to get the doctors records and visits I need. I'm pretty sure that after tonights episode he'll green light that.

    I have looked at trying to find another job-but the field I work in is very limited, and it always requires field work that I am not as able to perform as my lymphedema is progressing. The chances of me finding another job are virtually nil. So I'm thinking my mind is made up-just need to take the plunge, which is very frightening. I've been the primary wage earner for the last 10 years, I've been in my field for over 22 years. But after suffering the panic attack tonight, and the new diagnosis of heart murmur-yeah, I think it's finally time to throw in the towel. I just wish we hadn't used up a significant portion of our savings on some big home improvement projects last month!

  • 10 years ago

    Hi Neetsie, Your recent post identifies LE as part of the cause of disability. Does LE, in your case, stand for lupus erythematosus?

  • 10 years ago

    LE stands for Lymphedema. I have a congential form of lymphedema that is incurable and progressive.

  • 10 years ago

    Thank you, Neetsiepie. I turned 55 this year. It wasn't a good day. Glen did have disability insurance and they had a program called Share Leave where other employees donate their accumulated sick leave for people who need it. He was able to draw a regular paycheck between those two. We were blessed in that respect. So sorry about your recent episode. I've had one P.A in my life. It was scary. Take care of yourself.

  • 10 years ago

    I do have advice. Since your condition is on the CAL list, it should be easier for you to get SSD benefits than other people. Let me share with you some of the things which may be a bump in the road.

    think of your condition as disabling, a disability, and not a retirement. Sure there are tasks of your job that you perhaps can continue to do, such as sitting at a desk and checking the computer or making phone calls, but, I believe, you are unable to do the field work which may entail visiting other places, local travel, lots of walking and making decisions without a medicine clogged mind. The executive decision making and fact gathering, I'm guessing here, are the tasks affected. Sitting for short periods are ok bu not long? Dependent legs a problem? Anxiety about doing the job likely won't enter into the picture bc, as that is, it may be seen as a temporary condition but maybe not. Job anxiety may be seen as a contributing element if you are worried about your job. The fact that you are a long time employee counts.Of course, if you have debilitating anxiety in general, then that's a different thing. Moderate major depression can be disabling.

    SSA pays for total disability, not partial. Even tho, your first post, says that hr offered you a "very part time" position, perhaps, that may not be seen as a substitute for your challenging job, where you make decisions on facts and gather those facts. Neetsie did I describe the more executive aspects of your job? That matters.

    think about the tasks that you cannot or have difficulty doing. Mental disability and pain caused disability count but be honest. Think about why you were able to do your job for these many years but cannot now. What and how. What changed? A new boss does not count. A constellation of symptoms counts. The difficulty of clothing can be circumvented and shouldn't count. All that said, being on the cal list counts the most. That's the most persuasive element.

    does your doctor say you are totally disabled? Might you need to tell him why you cannot do your job, if he doesn't think so?

    the closer one gets to age 62, the ssa requirements loosen, especially for those in early 60's or late 50's.

    Since I canno easily talk to you I can only guess about certain things. I am a retired claim analyst/manager, having spent 25 years as a claim professional. The last nine years I was a claim litigation supervisor and paralegal for a multinational corporation working in the legal department. I retired in 94 but most disability issues have not substantively changed. Now there is a cal list but those conditions were previously quickly granted benefits, too. Just not formally listed. Hth

    neetsiepie thanked westsider40
  • 10 years ago

    Thank you so much Westsider! You have brought to the forefront what I had kept denying myself. My job IS exactly what you've described. The entire aspect of the conditions I have make every part of my job more difficult, and that causes more stress, which in turn causes more physical issues. A vicious circle.

    I'm taking a couple of weeks off work right now, to get myself in a better physical and emotional state. I'll be meeting with my PCP for referrals to LE specialists within our medical network. My PCP does not know much about the LE, so I need some medical backing-even though my record does show I've suffered with the LE for many years.